Landlord hasn't paid mortgage received 'Notice of Possession Proceedings' 🙀

scrupert

I am looking for some advice if possible.

I've received a 'NOTICE OF COMMENCEMENT OF POSSESSION PROCEEDINGS' letter from the solicitors acting on behalf of the mortgage company. There is a court date set for the end of the month. The claimant is the mortgage company and the defendant is my landlord. The letter was addressed to the 'Tenant(s) / Occupier(s)'.

Some notes:

• I'm on an 'assured shorthold tenancy'. The initial period was 6 months but I've never signed another tenancy agreement and have been at the property for approx 5 years.
• I rent through a letting agency and pay my rent to them.
• I received notification that my landlord went bankrupt a few months ago, and my rent is being forwarded to the 'official receiver'
• I obtained a 'Title Register' document from the Land Registry which shows that the lender is the mortgage co and that the landlords registered address is different to the property address (I think this indicates a buy-to-let mortgage?). The mortgage was taken out about 6 years before I moved in.
• I phoned the mortgage company and the solicitors acting on behalf of them to inform them I was a tenant at the property. The mortgage company would not deal with me at all (citing data protection laws), the solicitors said they would make a note on the file but would not give me any further info.
• the letting agency offered me no advice
• I'm not in a good position to be able to move on short notice. I would ideally like to delay this process as much as possible to give me time to sort things out
• I don't think I can afford a solicitor to represent me

Some questions I have are:

• Should I be taking any action now before the court date? i.e writing to the mortgage co. or solicitors to ask them to delay?
• Should I send a copy of my tenancy agreement to the solicitors?
• The shelter website says it's important for me to go to the to go to the repossession hearing. Do I just turn up on the day or do I have to register? should I bring/prepare anything?
• I assume I should continue to pay rent?
• Does it sound like the landlord had a buy-to-let mortgage? and if so does that mean my tenancy is binding? If so the Shelter website suggests this would give me more rights/time
• It seems I can ask for an eviction delay of two months either way. Where do I ask this at the repossession hearing? can I or should I give notice to anyone in advance that I wish to do this? Could this request be rejected?

So sorry for the wall of text and 100 questions! I don't expect anyone to be able to answer them all, but would be most grateful for any help.

The thing has me worried sick. The thing I'm most worried about is the court date and not knowing the correct procedure of what to do, basically I just want to buy myself as much time as possible.

Thank you in advance!

ewandougie

I was in a similar but worse situation since my ex-ll got the place repossessed BUT he didn't have a BTL mortgage and the bank had no idea he wasn't living there (as you would in a normal mortgage). As a result I had to leave.

You can attend the proceedings as an interested party but you won't be able to do much, except ask the judge to consider extending the eviction date since you are an innocent party (they always do, especially if you bring proof that you always paid the rent)

In either case your landlord becomes the bank, you would pay them instead of your landlord.

scrupert

ewandougie wrote: »

As a result I had to leave.

Many thanks for the info. Were you given an eviction date at the repossession proceedings? how long did you have and did you successfully get the judge to extend?

G_M

See the stickie......:



* Repossession: what if a LL's mortgage lender repossesses the property?

ewandougie

Yeah he did.

baldelectrician

It may be an idea to suggest that the judge grant an extension and the house will be in a better condition when sold if it is lived in as it will be heated and looked after

You could offer to pay rent to the mortgage company (at the hearing) and offer to have the home available for viewings

HampshireH

You have spoken to the LA, mortgage company and solicitor but have you thought to call your landlord?

Don't get me wrong if they have been made bankrupt etc & you are already aware that your rent is no longer going to the LL then maybe they won't talk.

But notice of possession proceedings doesn't sound like it was the first "notice" given that your LL was struggling so this can't have come as too much of a shock.

Did you start looking for a new place / seek advice when you found out your rent is going elsewhere?